[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Proposed Rules]
[Pages 14797-14799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04243]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-405; DA 24-154; FR ID 205024]


Media Bureau Seeks Additional Comment on FM Digital Power

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, based on a Petition for Rulemaking 
Addendum--Request for Clarification filed by the National Association 
of Broadcasters and Xperi, Inc., the Commission seeks additional public 
comment in the pending rulemaking proposing to change the methodology 
to determine whether an FM digital broadcast station can increase its 
digital power, and to allow asymmetric sideband operation.

DATES: Comment date: April 1, 2024. Reply comment date: April 15, 2024.

[[Page 14798]]


ADDRESSES: All filings must be submitted in MB Docket No. 22-405. 
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file comments and reply comments 
on or before the dates indicated in the DATES section of this document. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2700; Thomas Nessinger, Senior Counsel, Media 
Bureau, Audio Division, (202) 418-2700. Press inquiries should be 
directed to Nancy Murphy, (202) 418-1043.

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice in MB Docket No. 22-405; DA 24-154, released on February 
21, 2024. The full text of this document is available electronically 
for public inspection via the Commission's Electronic Comment Filing 
System (ECFS) at https://apps.fcc.gov/ecfs and the FCC's website at 
https://docs.fcc.gov/public/attachments/FCC-24-154A1.pdf. Documents 
will be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530.

Synopsis

    1. The Commission initiated this proceeding on August 1, 2023, with 
the release of an Order and Notice of Proposed Rulemaking seeking 
comment on a proposal to change the methodology used by digital FM 
stations to determine whether they can increase FM digital power, and 
to allow asymmetric sideband operation. Modifying Rules for FM 
Terrestrial Digital Audio Broadcasting Systems, MB Docket No. 22-405, 
Order and Notice of Proposed Rulemaking, FCC 23-61 (rel. Aug. 1, 2023) 
(NPRM). A Federal Register summary published on August 22, 2023, 88 FR 
57033. The time period for filing comments and reply comments on the 
NPRM closed on October 6, 2023. Comment and Reply Comment Dates Set For 
FM Digital Power NPRM, Public Notice, DA 23-741 (MB rel. Aug. 22, 
2023). Comments and reply comments were filed in ECFS under Media 
Bureau Docket No. 22-405.
    2. On February 2, 2024, the National Association of Broadcasters 
(NAB) and Xperi Inc. (Xperi), two of the parties that filed Petitions 
for Rulemaking that led to release of the NPRM, filed with the Media 
Bureau (Bureau) a Petition for Rulemaking Addendum--Request for 
Clarification (Petition for Clarification), which is available in the 
Commission's Electronic Comment Filing System at https://www.fcc.gov/ecfs/document/10202290960928/1. In the Petition for Clarification, NAB 
and Xperi state that they have ``identified an important ambiguity that 
requires clarification regarding the maximum allowable operating power 
of a digital FM signal.'' Petition for Clarification at 2. The NPRM and 
the Commission's past discussions of digital power levels have 
considered only the power level for the digital FM carriers of the 
primary HD Radio MP1 hybrid service mode of operation. Id. In 
particular, the Commission has considered the total integrated power 
level for all digital carriers used to transmit MP1 standard hybrid 
service. NAB and Xperi note, however, that the HD Radio system is not 
limited to the MP1 mode, and the Commission has authorized extended 
hybrid modes of operation, which increase the number of digital 
subcarriers. Petitioners assert that the optimal operation of the 
extended hybrid modes requires an increase in the total integrated 
power above that of the MP1 mode so that all the digital carriers 
individually operate at the intended power. Id. at 2-5. (The MP1 mode 
consists of 10 digital partitions, each with 19 subcarriers. Extended 
hybrid modes add partitions between the MP1 partitions and the analog 
signal: for example, the MP2 mode adds one partition to the MP1 
partitions; the MP3 mode adds two partitions; and various other modes, 
such as MP11, MP5, MP6, MP1X, DSB1, MP1XOV, MP6OV, and DSB1OV, add four 
partitions. These additional partitions increase the total digital 
power by 10, 20 and 40%, respectively. Id. at 4-5.) Otherwise, 
individual carriers would have to operate with less than the intended 
power level to keep the total integrated power at the intended level. 
Petitioners therefore seek to clarify the maximum digital FM power 
levels permitted for hybrid and extended hybrid service modes, 
including adding clarifying text to the NPRM, and textual changes to 
the proposed new Sec.  73.404(e) of the rules. Id. at 6-7.
    3. In light of this requested clarification, and to provide a 
complete record on this issue, the Bureau encourages public comment on 
NAB and Xperi's proposed clarifying language and changes to proposed 
Sec.  73.404(e) of the rules. The Bureau notes that NAB and Xperi ask 
the Commission to incorporate a reference in the rules to the NRSC-5 
standard, which is subject to modification, as an appropriate means to 
implement the proposed change. Because it is unusual for the Commission 
to incorporate outside standards into its rules, the Bureau states that 
commenters should offer alternative means to incorporate the proposed 
clarification directly into the Commission's rules. The Bureau further 
seeks comment on whether the additional digital power necessitated by 
use of extended digital modes would increase potential interference to 
first adjacent channel analog FM stations, to the host analog station, 
or to other users of the FM broadcast spectrum or adjacent to that 
spectrum. The Bureau notes that the Petition for Clarification does not 
reference any technical studies

[[Page 14799]]

of the impact of extended hybrid modes with a total integrated digital 
power level more than -10 dBc. Are such studies needed to determine 
whether or not to adopt this proposal? Commenters also should consider 
that if the Commission adopts this proposed change for stations 
operating with less than -10 dBc, should the Commission limit the total 
overall digital power for any station operating in extended hybrid mode 
to a maximum of -10 dBc? The Bureau notes that doing so would require 
stations that convert from MP1 to an extended hybrid mode to reduce the 
power of the individual subcarriers in the primary digital sidebands, 
in order to accommodate the power added by the extended digital 
sideband partitions. The Bureau further invites commenters to suggest 
modifications to petitioners' clarifying suggestions, as appropriate. 
It also seeks comment regarding the number of stations operating in the 
various extended hybrid modes, including whether those stations operate 
at a power level with more than -14 dBc, in order to determine the 
scope of this issue. Finally, the Bureau also offers an opportunity to 
commenters who wish to supplement or amend their previous comments in 
light of more recent additions to the record.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2024-04243 Filed 2-28-24; 8:45 am]
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